Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Glow Up Hub platform, website, and related services ("Platform") provided by Glow Up Hub, operated by K&L Collective Pty Ltd (ACN 699 071 746, ABN 41 699 071 746) ("Glow Up Hub", "we", "us", "our"). By creating an account or accessing the Platform, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you must not use the Platform.

1. Definitions

• "Account" means a registered account created by a Customer to access the Platform.

• "AI Staff Assistant" means the artificial intelligence feature within the Platform that responds to queries from Staff Users based on content uploaded by the Customer.

• "Content" means all data, documents, policies, procedures, and other materials uploaded to or created on the Platform by a Customer.
• "Customer" means a business or individual who subscribes to the Platform under a paid plan.
• "Staff User" means an individual authorised by a Customer to access the Platform on behalf of that Customer.
• "Subscription" means the paid plan selected by a Customer, either monthly or annual, as described on our pricing page.

• "Platform" means the Glow Up Hub software-as-a-service product, including all features, tools, and interfaces made available to Customers.

2. Acceptance of Terms

By clicking "I agree" or accessing the Platform, you confirm that:

• you have read and understood these Terms;
• you are authorised to enter into these Terms on behalf of the Customer (if applicable);
• you are at least 18 years of age; and
• your use of the Platform complies with all applicable Australian laws and regulations.

3. Subscriptions and Payment

3.1 Subscription Plans

Glow Up Hub offers monthly and annual Subscription plans. Details of current pricing and inclusions are available on our website at glowuphub.com.au. We reserve the right to change pricing at any time, subject to the notice obligations in clause 12.

3.2 Billing

Subscriptions are billed in advance. Monthly Subscriptions are billed on the same date each month. Annual Subscriptions are billed in full at the start of each annual period. All prices are quoted in Australian dollars and are inclusive of GST unless otherwise stated.

3.3 Payment Processing

Payments are processed by a third-party payment provider. By providing your payment details, you authorise us to charge the applicable Subscription fee on each billing date. You are responsible for ensuring your payment details are current and accurate.

3.4 Failed Payments

If a payment fails, we will notify you by email. We may suspend access to the Platform if payment remains outstanding after 7 days. Continued failure to pay may result in termination of your Account.

4. Cancellation and Refunds

4.1 Cancellation by Customer

You may cancel your Subscription at any time by following the cancellation process within your Account settings or by contacting us at hello@glowuphub.com.au. Cancellations take effect at the end of your current billing period. You will retain access to the Platform until that date.

4.2 No Pro-Rata Refunds

We do not offer pro-rata refunds for unused time within a billing period. If you cancel a monthly Subscription, you will retain access until the end of the month you have paid for. If you cancel an annual Subscription, you will retain access until the end of the annual period, with no refund for the remaining months.

4.3 Refund Exceptions

Notwithstanding clause 4.2, we will provide a refund where required by Australian Consumer Law. Nothing in these Terms limits or excludes your rights as a consumer under the Australian Consumer Law.

5. Data, Content, and Privacy

5.1 Your Content

You retain full ownership of all Content you upload to the Platform. By uploading Content, you grant us a limited, non-exclusive licence to store and process that Content solely for the purpose of delivering the Platform services to you. We do not use your Content to train any other customer's AI, to improve our general platform systems, or for any purpose beyond delivering the services you have subscribed to.

5.2 Isolated AI Architecture

Each Customer's AI Staff Assistant is trained exclusively on that Customer's own Content. Your Content is never shared with, accessible to, or used to train any other Customer's platform environment.

5.3 Data Deletion on Cancellation

Following cancellation of your Subscription, your Content will be retained for 30 days to allow you to request a copy. After that period, all Content associated with your Account will be permanently deleted from our systems. To request a copy of your Content prior to deletion, contact us at hello@glowuphub.com.au within the 30-day period.

5.4 Privacy

Our collection, use, and handling of personal information is governed by our Privacy Policy, available at glowuphub.com.au/privacy. Our Privacy Policy forms part of these Terms. By using the Platform, you agree to our Privacy Policy.

5.5 Data Security

We take reasonable technical and organisational measures to protect Content from unauthorised access, loss, or disclosure. However, no system is completely secure. We cannot guarantee the absolute security of data transmitted to or stored on the Platform.

6. AI Staff Assistant Disclaimer

The AI Staff Assistant provides responses based solely on the Content uploaded by the Customer. It is a knowledge management tool designed to assist staff in accessing documented business information.

The AI Staff Assistant is not a substitute for professional legal, human resources, medical, financial, or regulatory advice. Responses generated by the AI Staff Assistant may not always be accurate, complete, or up to date. Customers and Staff Users should not rely on AI-generated responses as a definitive source of legal or compliance information.

We accept no liability for decisions made or actions taken in reliance on responses generated by the AI Staff Assistant.

7. Acceptable Use

You must not use the Platform to:

• upload Content that is unlawful, defamatory, harassing, or infringes the intellectual property rights of any third party;
• attempt to gain unauthorised access to any other Customer's data or account;
• reverse engineer, copy, or reproduce any part of the Platform;
• use the Platform in a way that violates any applicable Australian law or regulation;
• share your Account credentials with any person not authorised as a Staff User under your Subscription; or

use the Platform to store or process sensitive personal information beyond what is reasonably necessary for the purpose of staff training and knowledge management.

We reserve the right to suspend or terminate your Account if we reasonably believe you have breached this clause.

8. Intellectual Property

8.1 Platform IP

All intellectual property rights in the Platform, including its design, features, software, and underlying technology, are owned by or licensed to Glow Up Hub. Nothing in these Terms transfers any ownership of Platform IP to you.

8.2 Your IP

You retain all intellectual property rights in your Content. We make no claim to ownership of any Content you upload to the Platform.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant us a perpetual, royalty-free licence to use that feedback for any purpose without obligation to you.

9. Limitation of Liability

To the maximum extent permitted by law:

• our total liability to you arising out of or in connection with these Terms or your use of the Platform is limited to the total Subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim;
• we are not liable for any indirect, incidental, special, or consequential loss or damage, including loss of revenue, loss of profit, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such loss; and
• we are not liable for any loss or damage resulting from your reliance on AI-generated responses from the Platform.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

10. Service Availability and Downtime

We will use reasonable endeavours to ensure the Platform is available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access. The Platform may be unavailable due to scheduled maintenance, unplanned outages, or events beyond our reasonable control.

We will endeavour to provide advance notice of scheduled maintenance where practicable. We are not liable for any loss or inconvenience arising from Platform unavailability.

11. Termination

11.1 Termination by Us

We may suspend or terminate your Account immediately if you breach any material term of these Terms and fail to remedy that breach within 7 days of written notice from us, or if you engage in conduct that we reasonably consider poses a risk to the Platform or other Customers.

11.2 Effect of Termination

On termination of your Account, your access to the Platform will cease at the end of the current billing period. Your Content will be retained for 30 days following termination, after which it will be permanently deleted. Clauses relating to intellectual property, limitation of liability, dispute resolution, and governing law survive termination.

12. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Platform, changes in law, or for other operational reasons. We will notify you of any changes by email at least 30 days before the updated Terms take effect.

If you do not agree to the updated Terms, you may cancel your Subscription before the effective date of the changes. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

13. Dispute Resolution

13.1 Informal Resolution

If a dispute arises between you and Glow Up Hub in connection with these Terms or the Platform, the parties must first attempt to resolve the dispute informally by contacting us at hello@glowuphub.com.au. We will respond within 10 business days.

13.2 Mediation

If the dispute is not resolved informally within 30 days of the initial notice, either party may refer the dispute to mediation before a mutually agreed mediator, or if no agreement is reached, a mediator appointed by the Resolution Institute (Australia). The costs of mediation will be shared equally between the parties unless otherwise agreed.

13.3 Legal Proceedings

Either party may commence legal proceedings only after completing the mediation process in clause 13.2, except where a party seeks urgent interlocutory relief from a court of competent jurisdiction.

14. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia in respect of any dispute arising out of or in connection with these Terms.

15. General

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and Glow Up Hub in relation to the Platform and supersede all prior representations, agreements, and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed and the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a related body corporate or in connection with a sale of the business without your consent.

15.5 Force Majeure

We are not liable for any failure or delay in performance of our obligations to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disasters, cyberattacks, or telecommunications failures.

16. Contact Us

If you have any questions about these Terms, please contact us: